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identified abatement date since we need to complete the discharge calculations, and are waiting for water quality analysis results. Step 7: Submit plans for abatement, including the planned completion date. Include directions, concurrence, or approval from CDPHE, CDOW, and OSACE - Clean-up plans were submitted to the CDRMS on 09/19/06 as MR06-Z11. The CDRMS subsequently notified TCC that concurrence from CDPHE and CDOW would be required. To meet this requirement, a copy of the clean-up plans was submitted to these agencies by e-mail on 09/19/06, with a request for their comments and/or concurrence. Effective clean-up is going to be weather- dependent, given practical access constraints to the stream area and the desire to avoid additional disturbance, so prediction of a firm clean-up completion date is difficult. We are targeting clean-up ASAP and currently anticipate that all related activities would be completed by the abatement date of 10/30/06 for Steps 8 and 9. Given that we cannot control when, and whether or not the identified agencies will provide comment/concurrence, the abatement requirements for Step 7 need to be modified to address a "no comment" situation, and adequate time needs to be provided to allow for the specified review and concurrence actions. Step B: Continue water quality sampling and submit copies of reports to CDPHE and CDRMS - As noted for Step 6, we have voluntarily implemented a rigorous water quality sampling schedule, and will copy the CDRMS on all related reports submitted to the CDPHE-WQCD. Step 9/10: Reestablish DRMS approved sediment controls - Under a field authorization, we are proceeding with modifications within the Pond E impoundment area to isolate the coal fines within the pond and reestablish the design storage capacity ASAP. We anticipate submitting a revised pond design to address the interim and any long-term modifications. Step 11: Submit a written report on completion of the clean-up to CDRMS, CDPHE-WQCD, CDOW, and USACE - Wi11 be completed and submitted on complation of the work. Given the reasons noted above, and that the actions under Steps 6 and 7 are not critical to protection of the environment, we respectfully request that the abatement dates for Steps 6 and 7 be extended to 10/30/06. I have also attached a revised application form for MR06-211, addressing your stated concerns - Best regards, Jerry (See attached file: Downstream User Mail Receipts.pdf)(See attached file: MR06-211 DMG App Form Rl.doc) ------- ----------- ------ E-mail Disclaimer: The information contained in this e-mail, and in any accompanying documents, may constitute confidential and/or legally privileged information. The information is intended only for use by the designated recipient. If you are not the intended recipient (or responsible for the delivery of the message to the intended recipient), you are hereby notified that any dissemination, <iistribution, copying, or other use of, or taking of any action in reliance on this e-mail is strictly prohibited. If you have received this email communication in error, please notify the sender immediately and delete the message from your system. 2